Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, January 21, 1992 TAG: 9201210220
SECTION: VIRGINIA PAGE: B4 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
EXECUTION APPEAL REJECTED
The Virginia Supreme Court on Monday rejected a last-minute appeal aimed at stopping Herbert Bassette's scheduled execution Thursday for a 1979 robbery-murder in Henrico County.His lawyers said they would take their case to court this morning in a hearing before U.S. District Robert Merhige Jr.
Earlier Monday, Bassette's relatives and lawyers said at a news conference that his life should be spared because newly uncovered evidence shows that he is innocent.
Bassette, 47, is scheduled to die for the robbery and execution-style slaying of a teen-age gas station attendant in November 1979.
"This isn't a usual last plea from the family or a group of people who may be opposed to the death penalty," said Jeorgi Weddington, the condemned man's niece. "The question is the innocence of a man, Mr. Bassette."
Bassette is hopeful that his death sentence will be overturned in the courts or by Gov. Douglas Wilder, his relatives said.
"He's strong and he's trying to believe in the system," said Barbara Bassette, who married Bassette in prison last month.
"He thinks in the end justice will prevail," said Willie Bassette, his brother.
Last week, Henrico County Circuit Judge George Tidey refused to grant Bassette an evidentiary hearing. He said state law bars the court from reviewing the new evidence and the state's highest court agreed.
Bassette's lawyers contend that three accomplices lied when they testified that Bassette pulled the trigger. There was no physical evidence or other testimony linking Bassette to the crime.
Pat Schwarzschild, one of Bassette's attorneys, said his legal team has uncovered a police statement by one accomplice that implicates another man in the crime.